Mohammad Mohy-ud-Din v The King Emperor
| Date | 09 May 1946 |
| Court | Federal Court (India) |
| Docket Number | Case No. 40 |
(Spens, C.J., Varadachariar and Zafrulla Khan, JJ.)
International Law — Relation to Municipal Law — Construction of Statutes — Defence Legislation — Extra-territorial Operation of — Law of India.
Visiting Forces — Jurisdiction over — Offences Committed Abroad — Whether Exercise of Jurisdiction by Home State Contrary to International Law.
Jurisdiction — Over Nationals Abroad — Legislation for Defence Purposes — India — International Law — Relation to Municipal Law — Construction of Statutes.
This was an application for habeas corpus to test the validity of the detention of Burhan-ud-Din, a Captain in the 2/10 Baluch Regiment of the Indian Army. The détenu was a member of the ruling family of the Indian State of Chitral near the North-West Frontier and was, therefore, not a British subject. In 1936 he joined the Indian Army and was subsequently given a commission. He was posted to...
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